District IV


August 5, 2014 


Hon. John A. Damon

Circuit Court Judge

Trempealeau Co Courthouse

36245 Main St.

Whitehall, WI 54773


Jan Moennig

Clerk of Circuit Court

Jackson County Courthouse

307 Main Street

Black River Falls, WI 54615-1776
Ryan Steffes

Paul B. Millis

Weld, Riley, Prenn & Ricci S.C.

P. O. Box 219

Black River Falls, WI 54615


Philip L. Woof

W11356 Prince Road

Black River Falls, WI 54615


You are hereby notified that the Court has entered the following opinion and order: 









Gerald A. Giessel v. Philip L. Woof (L.C. #2013CV18)




Before Lundsten, Sherman and Kloppenburg, JJ.

Philip Woof, pro se, appeals an order of the circuit court dismissing his counterclaims and granting Gerald Giessel’s motion for summary judgment.  Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition.  See Wis. Stat. Rule 809.21 (2011-12).[1]  We summarily affirm.

Woof’s brief contains numerous complaints about the circuit court proceedings in this matter.  However, the brief fails to develop coherent arguments that apply relevant legal authority to the facts of record, and instead relies largely on conclusory assertions.  “A party must do more than simply toss a bunch of concepts into the air with the hope that either the trial court or the opposing party will arrange them into viable and fact-supported legal theories.”  State v. Jackson, 229 Wis. 2d 328, 337, 600 N.W.2d 39 (Ct. App. 1999).  Consequently, this court need not consider arguments that either are unsupported by adequate factual and legal citations or are otherwise undeveloped.  See Dieck v. Unified Sch. Dist. of Antigo, 157 Wis. 2d 134, 148 n.9, 458 N.W.2d 565 (Ct. App. 1990) (unsupported factual assertions); State v. Pettit, 171 Wis. 2d 627, 646-47, 492 N.W.2d 633 (Ct. App. 1992) (undeveloped legal arguments).  While we make some allowances for the failings of parties who, as here, are not represented by counsel, “[w]e cannot serve as both advocate and judge,” Pettit, 171 Wis. 2d at 647, and will not scour the record to develop viable, fact-supported legal theories on the appellant’s behalf, Jackson, 229 Wis. 2d at 337.  Here, Woof has failed to develop his arguments legally or to support them factually.  Therefore, we affirm the circuit court on that basis.

IT IS ORDERED that the order is summarily affirmed under Wis. Stat. Rule 809.21(1).


Diane M. Fremgen

Clerk of Court of Appeals


[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.